SC Sets Guidelines For Child Maintenance

1 min read

Says amount to depend on child’s needs and father’s financial capacity

KARACHI. In case of dissolution of a marriage, the maintenance amount that a mother gets from her former husband for a child depends on both the nature and extent of the child’s “reasonable requirements” and the father’s financial means.

In a recent five-page verdict, the Supreme Court has set guidelines for determining the maintenance amount to be received for a child after dissolution of a marriage.

Chief Justice of Pakistan Yahya Afridi and Justice Shakeel Ahmad heard the case with the junior judge writing the verdict. The judgement noted that maintenance traditionally includes food, raiment, and lodging. However, this list is not exhaustive.

It said given the evolving societal standards and the overarching principle of welfare of the minor, the term must be interpreted broadly to encompass all reasonable expenses necessary for the physical, mental, and emotional development of the child. “This includes, inter alia, educational costs, healthcare, and other needs consistent with the natural growth and comfort of the minor,” the verdict said.

It said the amount provided should reflect the family’s social status, ensuring that the child is not deprived of opportunities for development and wellbeing solely due to the dissolution of the marriage.

“The second consideration pertains to the father’s financial capacity to maintain the child. Under Islamic principles, the obligation of maintenance is generally subject to certain conditions.”

According to the verdict, firstly, the child must be in need. If the child possesses independent means sufficient for his/her own support, the duty of the father to provide maintenance does not arise.

“Secondly, the child must be unable to earn due to minority or incapacity. Thirdly, the father must possess the means to provide such maintenance,'” it said.

The judgement noted that while most Islamic schools of thought agree that the father’s financial ability is a necessary precondition, the Hanafi school maintains that, in the case of children, the obligation to maintain arises irrespective of actual wealth, provided the father has the capacity to earn.It said the mere fact that the father is not working, in the absence of any serious mental or physical challenges, cannot be admitted as a valid justification for his failure to discharge the obligation of maintenance towards his children.

“In circumstances where the father lacks the means to provide maintenance and is incapable of earning due to genuine limitations, the duty to maintain the children may devolve upon the mother if she is in a position of financial ease.

“If neither parent possesses sufficient means, the obligation may extend to the paternal grandfather, subject to his financial ability to provide support to the children,” it added.

News published in the Express Tribune on 28th July 2025

Previous Story

Three New Polio Cases Reported In KP, Sindh

Next Story

Key Suspects Held In Swat Seminary Murder Case

Latest from Blog

Children at risk

Pakistan has once again found itself in the middle of a rapidly expanding public health challenge: childhood obesity. The latest findings from the World Obesity Atlas 2026 should ideally serve as a wakeup call for our health authorities. Since 2010, the prevalence of obesity among Pakistani children and adolescents has…

Education for Prosperity

Pakistan possesses a demographic profile that could either become its greatest asset or its most destabilising liability. Unfortunately, we are headed in the wrong direction. To understand the scale of the challenge, it is important to recognise the extent of Pakistan’s educational underinvestment. Unesco has advised a minimum of 4-6…

Missing Boy Found Dead in Graveyard

BAHAWALPUR: The Musafir Khana police have recovered the body of a 12-year-old boy from a graveyard in Goth Mehro, around 30 kilometers from the city. The authorities suspect the victim was murdered following a sexual assault. The victim, identified as Muhammad Javed, son of Abdul Hamid, went missing on the…

Starved Childhoods

EVERY day, in homes across Pakistan, millions of children are quietly being left behind. Not by flood or famine, earthquake or epidemic, but by the slow, invisible erosion of chronic undernutrition. The crisis unfolding concerns the 40 percent of Pakistani children under five who are stunted, the nearly 10m children…
Go toTop